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(영문) 대구지방법원 김천지원 2017.05.23 2017고단272

특수상해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 07:00 on January 27, 2017, the Defendant collected d'D' main points located in Gumisisi Si, and added approximately 2 weeks of the victim E (34 years of age) and Si expenses from the toilets located in the above main points in the immediately preceding station, when the Defendant was punished for Si expenses again for two times due to drinking the victim's face, the Defendant again dumpeded the victim again, and dump ( approximately 10cm in width, about 6cm in length, about 10cm in length) which is a dangerous object at the same place, and dump ( approximately 6cm in width, about 10cm in length, about 6cm in length) which is necessary for the victim to provide approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to photographs of injuries;

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Application of the sentencing guidelines [Scope of the recommended punishment] Minor injury, and special injury to a repeated offender and special injury: Type 1 (Habitual injury, repeated injury, and special injury) (from September to February) in the area of special mitigation (from September to June), the area of special mitigation (a person subject to special mitigation) (a person subject to special mitigation and a person not subject to special mitigation) ;

2. The Defendant rendered an injury on the face of the victim by affixing the victim’s head through care of the victim’s head.

The defendant's act is a dangerous act that may cause serious harm to the victim.

Defendant has already been subject to criminal punishment once for violent crimes.

However, the defendant is in depth against himself.

The Defendant agreed with the victim smoothly.

No injury suffered by a victim is severe.

In full view of the above circumstances, the defendant's age, sex, family relationship, and circumstances after the crime, the lower limit of the sentencing criteria shall be set as the disposition, and the punishment shall be determined as ordered.